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(영문) 서울중앙지방법원 2016.06.10 2015가합580959
건설기계등록말소등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2015, the Plaintiff entered into a lease agreement with a non-party F Co., Ltd. (hereinafter “non-party F Co., Ltd.”) on each of the instant climate (hereinafter “the instant lease agreement”). On August 7, 2015, the Plaintiff filed for issuance of a letter of credit with us on August 7, 2015 for the payment of each of the instant climate, imported from Japan, and paid to us Co., Ltd. the amount of KRW 352,81,525 on August 24, 2015 as the settlement price of the said letter of credit.

B. On September 11, 2015, the initial registration was completed under Defendant A’s name. Paragraph 2, the initial registration was completed under Defendant B’s name on October 15, 2015, and the establishment of mortgage was completed on October 20, 2015.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, Gap evidence 1-1, 3-2, Gap evidence 4-1, 2-2, Gap evidence 7-1, 2, and Gap evidence 8-1, 2, and 8-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that each of the periods of this case should be newly registered under the name of the Plaintiff, but as to the mid-term period of paragraph (1) under the name of Defendant A, and as to the mid-term period of paragraph (2), each of the new registrations was completed under the name of Defendant B. Based on the new registration under the above Defendant B’s name, the creation of mortgage was completed even in the name of Defendant Barp Capital under the name of Defendant B.

Therefore, the above new registration and the establishment of mortgage are null and void of the cause, and the ownership of each of each of each of each of the periods of this case is still against the seller of Japan (Sanki ZE Co., Ltd., Ltd and Abbleco International Co., Ltd., Ltd. as stated below). The plaintiff, the purchaser of each of the periods of this case, on behalf of the seller, can seek the delivery of each of the periods of this case, and implementation of each of the above new registration and the registration of establishment of mortgage, as a claim for exclusion of interference based on ownership.

(b) judgment;

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